Separation/Divorce
#1
Just Joined
Thread Starter
Joined: Jun 2016
Posts: 15
Separation/Divorce
Hello firstly I’m sorry if I’m posting this in the wrong place!
So I’m a ukc, married Living in California and have my two year green card. I have a daughter from a previous relationship. My marriage is in pieces with abuse involved (sorry I don’t know how much I’m suppose to say). I don’t want to stay in the marriage and need to find an attorney, am I looking for an immigration attorney and whether they specialise in a specific area?
thank you in advance
So I’m a ukc, married Living in California and have my two year green card. I have a daughter from a previous relationship. My marriage is in pieces with abuse involved (sorry I don’t know how much I’m suppose to say). I don’t want to stay in the marriage and need to find an attorney, am I looking for an immigration attorney and whether they specialise in a specific area?
thank you in advance
#3
Re: Separation/Divorce
First off. Protect yourself. Remove yourself and your children from the situation.
Second. Get a divorce lawyer and file for divorce. This is separate from your immigration status.
Third. Deal with immigration later. When does your conditional residence expire? If you have some time, deal with the divorce first.
I have been through the process of a divorce waiver, it is not at all complicated. Retain all paperwork you can of a comingled life. Joint bank statements, bills in both your names, etc.
If will be ok.
Second. Get a divorce lawyer and file for divorce. This is separate from your immigration status.
Third. Deal with immigration later. When does your conditional residence expire? If you have some time, deal with the divorce first.
I have been through the process of a divorce waiver, it is not at all complicated. Retain all paperwork you can of a comingled life. Joint bank statements, bills in both your names, etc.
If will be ok.
#4
Re: Separation/Divorce
It would be a good idea to consult with both a family lawyer and an immigration lawyer. Commonly the recommended courses of action can be interrelated. This can be especially true in cases of abuse.
Fortunately there are many lawyers who practice both family and immigration law. Off the top of my head I know of two excellent lawyers in Southern California who practice in both areas.
Fortunately there are many lawyers who practice both family and immigration law. Off the top of my head I know of two excellent lawyers in Southern California who practice in both areas.
#5
Re: Separation/Divorce
I would seek an experienced family lawyer and ask if they work with an immigration attorney that they can recommend. Being in California and close to the border I wouldn't be surprised if this isn't (unfortunately) common.
#6
Account Closed
Joined: Mar 2004
Posts: 2
Re: Separation/Divorce
Do you have any specific immigration issues, you can remove conditions with a Divorce Waiver, you do not need to wait two years
#7
Just Joined
Thread Starter
Joined: Jun 2016
Posts: 15
Re: Separation/Divorce
My green card expires March 2021. In terms of paperwork my name is on very few things only noticed recently that I’ve been kept out of the loop. My name is only on the rental lease for house, health insurance and house insurance. The car loan is in his name only. I don’t have my name on his bank account.. I have been trying but my motives are getting questioned. I have no access to his money.
Can you advise if I need to try and get my name on more? I don’t have a job and I’m in the process of getting my driver’s license. I don’t know anyone apart from my next door neighbour, is it possible to make a life here for my daughter and I?
Can I even get a divorce in my money situation?
thank you
Can you advise if I need to try and get my name on more? I don’t have a job and I’m in the process of getting my driver’s license. I don’t know anyone apart from my next door neighbour, is it possible to make a life here for my daughter and I?
Can I even get a divorce in my money situation?
thank you
#9
Re: Separation/Divorce
I would not try to get your name on more things now, no. Just collect paper evidence of the things your name is already on.
Rene
Rene
#10
Re: Separation/Divorce
My name is only on the rental lease for house, health insurance and house insurance.
If you could advise what State/City you are in (if you feel comfortable doing so) we might be able to provide more directed advice about resources in your area.
#11
Re: Separation/Divorce
#12
Account Closed
Joined: Mar 2004
Posts: 2
Re: Separation/Divorce
Assumes a Court would allow the child out of its jurisdiction.
Removing Conditions with a Divorce Waiver seems pretty straightforward, after all you can cite the non merger of assets etc as justification, can work both ways.
Removing Conditions with a Divorce Waiver seems pretty straightforward, after all you can cite the non merger of assets etc as justification, can work both ways.
#14
Re: Separation/Divorce
I would suggest that the OP make connect with one of the agencies that provide shelter for abused people and children. Plan her get away carefully and secretively and gather any and all previously filed petitions to USCIS and her birth certificate, marriage certificate, etc. if possible proof of any physical and emotional abuse from her spouse.
Once away from him, she can seek legal counsel for her divorce.
#15
Re: Separation/Divorce
This is very much for you to decide -- though it is good that you are getting your license as being able to drive and afford a car is essential in so many parts of the US, though perhaps you have bus service where you live. Do you have family in the UK that would offer a better support system for you and your child? What do you do for a living -- does it translate to the US or would you have a better hope of employment back in the UK? I understand that you have so many thoughts running round your head right now; you might want to sit down with a piece of paper and write down the pros and cons of staying in the US or returning to the UK, in order to help yourself make a decision. Good luck, and stay safe.